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Judgment
The petitioner has pleaded that he along with other petitioners have been working on the post of Constable Driver. The petitioner No. 1 has submitted
that this Court has allowed the similar petition while granting the benefit of selection scale on completion of 18 years of service to the Constable
Driver (MT) being SBCWP No.3649/2018 [Raju Singh & Ors. Vs. State & Ors.] decided on 19.02.2018.
The order passed in SBCWP No.3649/2018 reads as under:-
The petitioners are working on the post of Constable Driver (M.T.) in Civil Police Rajasthan, claiming the benefit of second selection grade on
completion of 18 years of service on the post of sub-Inspector. Learned counsel for the petitioners submits that in similar matters, the court has passed
the following order on 3rd January, 2018 in S.B. Civil Writ Petition No.24195/2017, which reads as under:-
“Mr. Sunil Kumar Saini, learned counsel for the petitioner submits that the controversy raised in the present writ petition has already been decided
by the Division Bench in D.B. Civil Special Appeal (Writ) No.2056/2014 ‘The Home Secretary, Government of Rajasthan & Ors. Vs. Shyoram &
Anr.’ and other connected special appeals decided on 02.07.2015. He also submits that the State had preferred the special appeal in the Supreme
court and the Supreme Court dismissed the special leave petition filed by the State. He further submits that after decision of the Division Bench, this
court in S.B.Civil Writ Petition No.22240/2017 ‘Sivraj & Ors. Vs. State of Rajasthan & Ors.’ has disposed of the writ petitions in view of the
decision of Division Bench. The Co-ordinate Bench has further directed to file representation before the competent authorities and the State
authorities have been directed to consider and decide the representation by a reasoned and speaking order in accordance with law.
Learned counsel submits that petitioner mayalso be granted same relief of filing a representation and time bound direction may be given to decide
the representation.
The Co-ordinate Bench in S.B.Civil WritPetition No.22240/2017 ‘Sivraj & Ors. Vs. State of Rajasthan & Ors.’ (Supra) has passed following
order:-
“Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of
the adjudication made by a Division Bench in a batch of intra-court appeal lead case being D.B. Civil Special Appeal (Writ) Number 2056 of 2014:
The Home Secretary, Government of Rajasthan & Ors. Versus Shyoram & Anr., decided on 2nd July, 2015, declining the intracourt appeals
observing thus:
“3. An interim order was passed by this Court on 27.02.2015, on the ground that against the judgment passed by the Division Bench in State of
Rajasthan & Anr. Vs. Jagdish Prasad & Anr. (D.B. Civil Special Appeal(W) No.161/2012), the Supreme Court has granted an interim order in the
contempt proceedings for implementation of the judgment of the Division Bench. This Court had passed the interim order on 27.02.2015, awaiting the
orders, to be passed by the Supreme Court in the Civil Appeals.
We are informed that Civil Appeal No.1766 of 2015- State of Rajasthan And Ors. Vs. Banney Khan, and other connected civil Appeals, have been
dismissed by the Supreme Court on 12.05.2015, with the following order:-
“We have heard learned counsel for the parties to the lis and carefully perused the material available on record.
In our considered opinion, we do not find any infirmity in the impugned judgments and orders passed by the High Court. Accordingly, the Civil Appeals
are dismissed.â€
With the dismissal of the Civil Appeals bythe Hon'ble Supreme Court, the orders passed by learned Single Judge, as affirmed by the Division
Bench, have been confirmed and have become final.
The Special Appeals are, consequently,dismissed.
A copy of the judgment will be placed inthe connected files.â€
It is further contended that for the present; the petitioners would be satisfied, if the Staterespondents are directed to consider and decide the
representation of the petitioners, within a time frame, in the backdrop of the settled legal position in the case of Shyoram & Anr. (supra), which has
also been upheld by the Supreme Court declining SLP on 12th May, 2015; which they are ready and willing to address within two weeks hereinafter.
In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive
representation enclosing a copy of the order in the case of Shyoram & Anr. (supra).
In case, a representation is so addressed within the aforesaid period, the Staterespondents are directed to consider and decide the same by a reasoned
and speaking order as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the
representation along with a certified copy of this order.
With the observations and directions, as indicated above, the writ application stands disposed off.â€
Learned counsel for the petitioners submits that this case also needs to be decided in light of the aforesaid order passed by this court.
The present writ petition is decided with a direction to the petitioners to file detailed representation along with copy of the order in the case of The
Home Secretary, Government of Rajasthan & Ors. Vs. Shyoram & Anr., D.B. Civil Special (Writ) No.2056/2014 decided on 2nd July, 2015. The
representation so filed will be decided by the State-respondent/s, by a reasoned and speaking order within a period of six weeks in accordance with
law.
With the observations and directions, as indicated above, the writ petition stands disposed of.â€
The petitioner has prayed that the present petition may also be disposed of in terms of the order passed in the case of Raju Singh & Ors. Vs. State &
Ors.
In view of above, the present petition is decided with a direction to the petitioners to file detailed representation along with copy of the order passed in
DB Civil Special (Writ) No.2056/2014 [The Home Secretary, Government of Rajasthan & Ors. Vs. Shyorma & Anr.,] decided on 02.07.2015. The
representation so filed will be decided by the State/respondents by a reasoned and speaking order within a period of six weeks in accordance with
law.
With the observations and directions, as indicated above, the writ petition stands disposed of.